CHAPTER IV BALANCE OF COUNTY ZONES, OVERLAYS & SPECIAL CONSIDERATION This chapter applies to all non-estuary zoning districts. Article 2.1 has definitions listed that apply to this article. Chapter 5 contains all application process and procedures. ZONING TABLE Category Type Zoning District Abbreviation Section/page Balance of County Zoning Residential Urban Urban Residential-1 UR-1 Urban Residential-2 UR-2 Urban Residential Multi-Family UR-M Rural Rural Residential-2 RR-2 Rural Residential-5 RR-5 Mixed Commercial-Residential Urban Controlled Development CD Rural Rural Center RC Commercial and Industrial Urban/Rural Commercial C-1 Industrial IND Airport Operation AO Recreation Recreation REC Resource Forest F Forest Mixed Use FMU Exclusive Farm Use EFU South Slough South Slough SS Minor Estuary and Shoreland Minor Estuary and Shoreland MES Bandon Dunes Bandon Dunes Resort BDR Special Development Considerations and Overlay Zones Special Development Considerations Mineral & Aggregate Water Resources Historical, Cultural and Archaeological resources. Natural Areas and Wilderness Beaches and Dunes Non-Estuarine Shoreland Boundary Significant Wildlife Habitat Natural Hazards Special Development Considerations Floodplain Airport Overlay IV-1
ARTICLE 4.1 GENERAL INFORMATION SECTION 4.1.100 ZONING DISTRICT MAPS: The location and boundaries of the zoning districts are shown on the three sets of maps titled: Coos County Zoning Map (also referred to as Balance of County), Coquille River Estuary Zoning Map and the Coos Bay Estuary Zoning Map. These zoning maps and their explanatory information are hereby adopted as part of this Ordinance. The zoning map may consist of several sheets or pages, which shall be listed on a cover page together with the date and name of each page. The zoning map were shall be certified by the Board of Commissioners through adoption of Ordinance number 85-03-004PL dated April 4, 1985 and filed at the Coos County Clerk on April 5, 1985 (Clerk s file number 85-7-1769 through 87-7-2221A). The certification of the official zoning map shall appear on the cover page of the collection of zoning maps. There shall be only one official zoning map which shall be located in the office of the County Clerk as long as this Ordinance remains in effect. All official records shall be kept by the Coos County Planning Department. Any changes to the zone maps by interpretation or zone change shall be filed with the County Clerk s office through an ordinance or order. A copy of the segment of the map that was interpreted or rezoned will be attached to the order or ordinance. The original maps that were adopted in 1985 have been digitized maps are hereby adopted as part of the Coos County Comprehensive Plan and Coos County Zoning and Land Development Ordinance as the official zone maps. If there are any questions about a mapping error staff shall provide a copy of the original Mylar map for comparison. If the digital copy is found to be in error Planning Staff shall correct the error immediately. The 1985 Mylar maps shall never be destroyed as they are the official historical documents until such time new inventory maps are adopted. SECTION 4.1.110 AMENDMENT OF ZONING DISTRICT MAP: Whenever it is necessary to amend the zoning map to conform with an approved rezoning or with an amendment to the text of this Ordinance or as final land use actions of incorporated cities as may be required, the Planning Staff shall make the change and note it in the meta data. When changes are made to the digitized maps they shall be exported into a shape file with the date and title and stored in an archived file. If changes are needed to align with the Assessor s tax lot data that may be done without notice. Director shall so change the map, making such changes in red ink and annotating the map and the cover sheet to show the Ordinance or other number and the date of the change. (ORD 85-08-011L) SECTION 4.1.120 INTERPRETATION OF ZONING DISTRICT BOUNDARIES: If an interpretation of the zoning district boundary is required the official Mylar maps that were adopted as part of the 1986 1 Comprehensive Plan shall be used. Due to the transposition of boundary lines from the Comprehensive Plan Maps (scale: 2 = 1 mile) to the Official Zoning Maps (scale: 1 =800 ); zoning district boundaries were drawn to the nearest 10 acres. Whenever an uncertainty exists as to the boundary of a zone as shown on the official zoning map, the following rules of interpretation shall apply: 1. Boundaries indicated as approximately following the centerlines of streets, highways, or alleys shall be construed to follow such centerlines. 1 The official zone maps state Coos County Zoning Map, Date of Adoption Jan. 1983 (The official date of adoption of the zoning maps including the special development consideration maps was April 4, 1985) IV-2
2. Boundaries indicated as approximately following platted or surveyed lines shall be construed to follow such plat or survey lines. 3. Boundaries indicated as approximately following city limits shall be construed to follow such city limits. 4. Boundaries indicated as following railroad lines or public utility easements shall be construed to follow such lines. 5. Boundaries indicated as following the centerlines of streams, rivers, canals, or other bodies of water shall be construed to follow those centerlines. 6. Boundaries indicated as approximately following the shorelines of water bodies shall be construed to follow the mean high water line (MHWL) or the line of non-aquatic vegetation, whichever is higher. 7. Boundaries indicated as approximately following ridge tops and other topographical features shall be construed to follow those features. 8. Boundaries indicated as approximately parallel to, or as extensions of features indicated in subsections 1 through 7, shall be so construed. 9. Where a public street or alley is officially vacated, the zone requirements applicable to the property in which the vacated area becomes a part shall apply. 10. Boundaries not intended to follow the above-listed features shall indicate where possible distances to reference points and other lines so they can be located on the ground. 11. Where physical features existing on the ground are at variance with those shown on the official zoning map, or in other circumstances not covered by subsections 1 through 10 above, the Planning Director shall interpret the zone boundaries, and if need be, may refer the matter to the Hearings Body for its interpretation pursuant to Section 1.1.700 of this Ordinance. SECTION 4.1.130 INTERPRETATION OF COASTAL SHORELANDS BOUNDARY: When a development action is proposed in the immediate vicinity of the Coastal Shorelands Boundary (CSB) and when such proposed development action relies on a precise interpretation of the CSB, the Planning Director shall establish the precise location of the CSB using the seven criteria specified in the Coastal Shorelands Goal 17. Establishment of the exact location may require an on-site inspection. If the location of the CSB as shown on the Plan maps or Coastal Shorelands Inventory map is subsequently found to be inaccurate or misleading. The Planning Director shall make the appropriate minor adjustments to the maps and provide a copy of any map revision will be filed with the County Clerk s office. All interpretations shall be processed as an administrative decision. SECTION 4.1.140 UNZONED OR MULTI-ZONED LAND: 1. Any land which is unzoned or multi-zoned through inadvertence or oversight shall be reviewed by the Planning Director, and a recommendation of the appropriate zoning shall be made to the Hearings Body which shall make a recommendation to the Board of Commissioners, pursuant to the provisions of Section 1.1.700 of this Ordinance. 2. If a zoning error is found, such as unzoned or overlapping zoning the Planning Director shall issue an interpretation to the Board of Commissioners. 3. The Board of Commissioners shall initiate an ordinance amendment. 4. The Board of Commissioners, at a regular, special, or emergency meeting, shall determine the appropriate zone district pursuant to the provisions of Chapter 4 of this Ordinance. The amendment process in Article 5.1 shall be followed. 5. Hearings required in Section 1.2.400 shall comply with the provisions of Article 5.7 of this Ordinance. The Planning Director shall amend the zoning map to conform to the IV-3
decision of the Board of Commissioners in accordance with the procedures set out in Section 4.1.100 of this Ordinance. SECTION 4.1.150 ERRORS IN ZONING DISTRICT MAPS: 1. The Planning Director shall periodically compare zone maps on file with the official zoning map and the action taken by the Board of Commissioners or Hearings Body to assure the maps conform therewith. 2. When errors in transcription, interpretation, or clerical mistakes are found, the Planning Director shall have the authority to correct those errors pursuant to Section 4.1.300 (Amendment of Map). SECTION 4.1.160 SPECIAL DEVELOPMENT CONSIDERATIONS AND OVERLAYS: MAPS: The location of special hazards and resources are indicated on the Coos County Special Considerations Maps prepared for each volume (I, II, and III) of the Comprehensive Plan. These Special Considerations Maps are hereby adopted as part of this Ordinance. The Special Considerations Maps may consist of several sheets or pages, which shall be listed on a cover page together with the date and name of each page. The Special Considerations Maps are not a substitute for the detailed spatial information presented on the inventory maps. The Special Considerations Maps are merely index guides designed as zoning counter implementation tools that indicate when a special policy consideration applies in a general area, thereby requiring inspection of the detailed plan inventory maps. The Special Considerations Maps must and shall at all times accurately reflect the detail presented on the inventory maps (but at a more general scale). See Articles 4.7 and 4.5. Special development considerations and overlays are listed in Article 4.11. The special development considerations are map overlays that show areas of concern such as hazards or protected sites. These maps have been digitized to allow for layers to be applied to the property. The original historical Mylar map shall be used to determine if an error in exists. Each development consideration may further restrict a use. Staff will look at maps to determine if there are mapped special developed considerations that apply. If applicable the applicant must address the development consideration prior to receiving a zoning compliance letter. Development considerations play a very important role in determining where development should be allowed. In the Estuary Plans the development considerations, also referred to as inventoried areas, have been incorporated into the site specific zoning. In the Balance of County the development considerations were applied as a broad area and the maps have to be examined in order to determine how the inventory applies to the specific site. SECTION 4.1.170 SPLIT ZONING: Split zoning occurs when a contiguous ownership is divided into two or more zoning districts. 1. For the purpose of establishing uses, each portion of the total contiguous ownership within an individual zoning district may be used for any use permitted by the applicable zoning district. subject to Section 3.3.100 2. When a parcel is split-zoned contains both resource and non-resource zones, the nonresource land may be partitioned from the resource land, in accordance with the partitioning application requirements of this ordinance. The non-resource parcel is considered exception land that is irrevocable committed to uses that render the practice of farming and forestry activities impracticable, and therefore such partitioning would have no discernible effect on farming or forestry practices on the adjacent resource land. The resulting parcels meet the minimum parcel sizes of ORS 215.780, or the partition IV-4
otherwise meets the statutory criteria for exceptions to minimum parcel sizes or resource goal exceptions. [OR-08-07-007PL] SECTION 4.1.190 USES NOT LISTED: Any use not listed is prohibited unless it can be classified pursuant to this section. It is recognized that in the development of a Comprehensive Zoning and Land Development Ordinance, not all uses of land and water can be listed, nor can all future uses be anticipated. A use may have been inadvertently omitted from the list of those specified as permitted or conditional in each of the various districts designated. Ambiguity may arise concerning the appropriate classification of a particular use within the meaning and intent of this Ordinance. 1. The classification of a new permitted or conditional use may be approved by the Planning Director, or may be referred to the Board of Commissioners for consideration. 2. To classify and add a new permitted or conditional use to the uses already listed within a zoning district without formal amendment to the text of this Ordinance, the Planning Director must find that the proposed use to be added is similar and not more obnoxious or detrimental to the public health, safety, and welfare as other uses listed in the respective zoning district. 3. Notice of any decision to classify a new use shall be published in a newspaper of general circulation at least ten (10) days prior to the effective date of the decision, and shall be subject to appeal pursuant to Article 5.8. Decisions to classify a new use may be appealed following the procedures of Article 5.8. 4. Any decision to classify a use pursuant to this section shall be entered in a registry available to the public setting forth: a. The street address or other easily understood geographic reference to the subject property; b. The date of the decision; and c. A description of the decision made. 5. New classified uses shall be subject to all other requirements of this Ordinance. 6. Any new use classified for an Exclusive Farm Use or Forest zone must comply with ORS 215 and requirements of applicable case law and administrative rules. [OR-92-07- 012PL] SECTION 4.1.200 NEW USE AMENDMENT: If the Planning Director determines a proposed new use is not similar and not more obnoxious or detrimental to the public health, safety, and welfare as other uses listed in the respective zoning district, then the proposal shall be subject to the amendment procedures of Article 5.1 of this Ordinance. SECTION 4.1.300 USES LISTED AS PERMITTED: Buildings, structures, and land shall be used, designed, erected, structurally altered or enlarged only for the purposes listed as permitted or conditional (approved pursuant to CHAPTERS 4 and 5) in the district in which such building or land is located, and then only after applying for and securing all permits and licenses required by state and federal law and County Ordinance. Any use already established within an area and is not a permitted use or approved conditional use shall be allowed to continue as a grandfathered use subject to all conditions and restrictions relating to grandfather uses as provided in this Article. IV-5
ARTICLE 4.2 RESIDENTIAL ZONING DISTRICTS There are several residential zoning districts in Coos County. Article 4.2 reviews all residential zones. Definitions pertain to uses and activities are found in Article 2.1. URBAN RESIDENTIAL (UR) Purpose and Intent: There are three Urban Residential (UR) zoning districts: Urban Residential-1 (UR-1); Urban Residential-2 (UR-2); and Urban Residential Multi Family (UR- M). The purpose of the UR-1 district is to provide for urban residential areas that are exclusively limited to conventional single family dwellings. Detached conventional single family dwellings clustered in planned unit developments are consistent with the objectives of the UR-1 district. This district shall only be used within Urban Growth Boundaries and Urban Unincorporated Community boundaries. The purpose of the UR-2 district is to provide for urban residential areas that are designed to accommodate single family dwellings, mobile homes and two family dwellings. Clustered planned unit developments, including multi-family dwellings, are consistent with the objectives of the UR-2 district. The UR-2 district shall only be used within Urban Growth Boundaries and Urban Unincorporated Community boundaries. The purpose of the UR-M district is to provide for high density urban residential areas necessary to accommodate opportunities for the construction of multiple-family dwellings, primarily necessary to meet the needs of low and moderate income families. The UR-M district shall only be used within Urban Growth Boundaries and Urban Unincorporated Community boundaries. SECTION 4.2.100 DEVELOPMENT AND USE PERMITTED: The following uses and their accessory uses are permitted outright in the Urban Residential-1 (UR-1), Urban Residential-2 (UR-2) and Urban Residential-Multi-Family (UR-M): 1. Residential a. Single Family Dwelling Conventional or Manufactured. b. Mobile Homes only permitted in the UR-2 and UR-M zones. Mobile Homes are prohibited in the UR-1 zone. c. Manufacture Homes are permitted in all urban zones but in UR-1 the following applies: i. The manufactured home shall be multi-sectional and enclose a space of not less than 1,000 feet. ii. The manufactured home shall be placed on an excavated and back-filled foundation and enclosed at the perimeter such that the manufactured home is located not more than 12 inches above the grade. iii. The manufactured home shall have a pitched roof, except that no standard shall require a slope of greater than a nominal three feet in height for each 12 feet in width. d. Floating Home permitted in the UR-2 only. Floating home means a moored structure that is secured to a pier or pilings and is used primarily as a domicile and not as a boat. e. Multi-family dwelling: IV-6
i. This use is not permitted in the UR-1. ii. In UR-2 multi-family dwellings are only permitted subject to an approved Planned Unit Development Plan. iii. This is permitted in UR-M. f. Temporary residence: i. Mobile home, travel trailer or recreational vehicle used as a dwelling temporarily during construction of a permitted structure. Duration Use not to exceed one (1) year, subject to renewal. ii. This type of dwelling is not permitted in the UR-1. g. Accessory Structures shall be allowed outright on lots and parcels when a dwelling exists or a dwelling is proposed to be sited concurrently with the dwelling. The accessory structure must be accessory to a permitted use. Accessory structures must meet the definition as listed in Section 2.1.200. If the accessory structure is proposed without a dwelling it shall require a conditional use. h. Family or medical hardship dwelling: The applicant must submit a certification from a qualified physician or nurse practitioner stating what the hardship is and that the person requiring the hardship dwelling must live close to someone due to the nature of the hardship. The use is subject to the following conditions: i. The dwelling must be a mobile home, recreational vehicle, or existing building used temporarily during the medical hardship relating to the aged, infirmed, or persons incapable of maintaining a complete separate residence. ii. The temporary use shall use the same subsurface sewage disposal system used by the existing dwelling, if that disposal system is adequate to accommodate the additional dwelling. If a public sanitary sewer system is used, such condition will not be required. iii. Within three months of the end of the hardship, the manufactured dwelling shall be removed or demolished or, in the case of an existing building, the building shall be removed, demolished, or returned to an allowed nonresidential use. iv. Every two years the Planning Director shall review the permit authorizing such temporary hardship dwellings. however, it is the applicant s responsibility to notify the Planning Director of the continuation of this use 2. Residential Care Home/Facility shall be allowed in any authorized dwelling. 3. Home occupation - The County shall review a permit allowing a home occupation or cottage industry every 12 months following the date the permit was issued and may continue the permit if the use continues to comply with the requirements of the use's definition. A home occupation is defined as a business that is operated entirely within a dwelling by a member of the family residing in the dwelling. Home occupations shall not employ more than five (5) full or part-time persons. Examples of home occupations include but are not limited to: beauty shops, engravers, professional offices, etc. Home occupations must not interfere with existing uses on nearby land or with other uses permitted in the zone in which the property is located. Home occupations shall not involve the retail sale of a product on the premises. Home occupations shall not occupy more than 30% of the useable floor area of the dwelling, nor shall home occupations use any detached accessory IV-7
building. On premise signs advertising home occupations shall not exceed six (6) square feet of copy area. [OR 04 12 013PL 2/09/05] 4. Service lines in conjunction with a utility facility. 5. Agricultural uses (farm) pursuant to ORS 215.203, but not for profit. 6. Low-Intensity Recreation uses that do not require developed facilities and can be accommodated without change to the area or resource. For example, boating hunting, hiking, wildlife photography, and beach or shore activities can be low-intensity recreation. 7. Mining for geo-thermal energy and other mineral or subsurface resource. 8. Day care facility permitted for 12 or fewer persons. If more than 12 persons this requires a conditional use (see 4.2.110). 9. Photovoltaic Cells. The installation and use of a solar photovoltaic energy system or a solar thermal energy system shall be allowed if: a. The installation of a solar energy system can be accomplished without increasing the footprint of the residential structure or the peak height of the portion of the roof on which the system is installed; and b. The solar energy system would be mounted so that the plane of the system is parallel to the slope of the roof (ORS 215.439) The solar energy system may be sited on the ground. Must comply with the same setback requirements listed in the development standards. SECTION 4.2.110 ADMINISTRATIVE CONDITIONAL DEVELOPMENT AND USE: The following uses and their accessory uses are permitted under an administrative conditional use permit procedure subject to applicable development standards for the Urban Residential-1, Urban Residential-2 and Urban Residential-Multi-Family. 1. Accessory structures when a dwelling does not exist on the property can only be approved if it meets the definition of Accessory Structure as defined in Section 2.1.200. 2. Modification of historical structure shall meet the criteria found in Section 4.11.125(3)(a) as well as any applicable development standards of the zoning district. 3. Exploration of geo-thermal energy, aggregate and other mineral or subsurface resources not including water. The following conditions shall be included in any conditional use permit for exploration for subsurface mineral resource: a. All drill holes shall be filled and capped according to the following standards, and bonds to secure performance of this obligation shall be required as follows: i. The applicant shall provide the Coos County Watermaster with the location of each hole by township, range, section and driller's identification number of all holes drilled. ii. A plot plan showing these locations will be furnished to the Watermaster. iii. The applicant shall seal all test holes from the bottom within 2 feet of land surface with cement, native clay, bentonite mixture (e.g., "Sure-Gel", Aqua Gel") of 9 pounds to 9-1/2 pounds of bentonite per gallon of water. iv. If artesian flows are encountered, the test hole will be: 1) Abandoned according to the following abandonment procedures: ABANDONMENT OF ARTESIAN EXPLORATION HOLES. The flow of artesian exploration holes to be abandoned shall be confined or restricted by cement grout applied under pressure, or by the use of a suitable well packer, or a wooden or cast lead plug placed at the bottom of the confining formation immediately above the artesian water-bearing zone. Cement grout or concrete shall be used to effectively fill the exploration hole to land surface. Or IV-8
2) Developed for use of the artesian flow by a water well driller who is properly licensed and bonded by the State of Oregon. v. If unusual conditions occur at a test hole site and compliance to the above standards will not result in a satisfactorily abandoned hole, the driller shall request that special standards be prescribed by the Watermaster for the particular hole. vi. The applicant shall notify the County Watermaster prior to the abandonment of all test holes, drill holes, exploration holes, etc. As used in this section the term 'abandonment' shall mean the act of filling any hole with the required sealing material. vii. In addition to complying with the procedures outlined above, the applicant shall post a surety bond in the amount of five thousand ($5,000.00) dollars for each hole drilled or a bond for fifty thousand ($50,000.00) dollars to cover all test holes. The surety bond shall be filed with the Board of Commissioners, and may be written by a surety company duly licensed by and authorized to do business in the State of Oregon. The release of such bond shall be conditioned upon the successful capping of all holes according to the procedure described above. viii. Although it is recommended that the test hole be sealed prior to moving the drilling rig, in no case shall the drill hole be left open for more than five (5) days after the drilling rig is moved off the test hole without prior approval of the County's designated representative. b. The applicant shall be required to construct a catch basin around each drilling site to retain any possible run-off. c. Abandonment procedure: i. At the discretion of the County's appointed representative (usually, the district Watermaster), this representative may require that the exploration hole abandonment not begin until he is present at the site. ii. In the event that paragraph "i" above, is implemented, the County's appointed representative may, if he is unable to be present during abandonment, otherwise authorize abandonment. This authorization may be given verbally by telephone. iii. The County's appointed representative may require that the exploration hole be abandoned with cement grout. 4. Day care facility (13 or more persons) shall be found to be compatible with surrounding uses or may be made compatible through the imposition of conditions. 5. Communication structure shall be found to be compatible with surrounding uses or may be made compatible through the imposition of conditions. 6. Air & water navigation aids shall be found to be compatible with surrounding uses or may be made compatible through the imposition of conditions. 7. Sewer/water plant pump stations shall be found to be compatible with surrounding uses or may be made compatible through the imposition of conditions. 8. Land Divisions (Partition/Subdivision): a. Each parcel or lot shall meet the minimum lot/parcel size and development standards unless it is a residual of resource (Farm or Forest) land division. b. Must comply with the requirements of Chapter VI for land divisions. c. Notice will be sent as required by Article 5.0. d. Final Plat is a ministerial review. IV-9
9. A dwelling on parcel(s), lot(s) or a combination thereof that do not meet the one acre minimum development requirement of Section 4.2.130. a. The proposed dwelling must be found compatible with surrounding uses or may be made compatible through the imposition of conditions. b. For a single family dwelling a septic feasibly study must be submitted to show that an on-site system would accommodate a single family dwelling. This is not required if city services (sewer) is provided; however, the service provider must submit a letter confirming intent to connect. c. A plot plan showing the size of the proposed development shall be provided to show that all setbacks can be met. 10. Guest House. An auxiliary residence constructed on property when the following conditions are met: a. The parcel on which the guest house is placed must contain 1.5 acres. b. Only one guest house per legal parcel. c. The guest house is no more than 500 square feet in size. d. The guest house can be a manufactured structure (park model) or conventional built. e. The guest house shall not be used as a rental unit. f. Is attached to or within 100 feet of the main residence. and g. Is served by the same domestic water system, sewage system and utility meters as the main residence. 11. Residential Planned Unit Development - Maintenance Standards and Principles: a. Minimum Sized Area for Developments. A Planned Unit Development shall be of sufficient size to allow the objectives and standards of this Section to be met and shall, as a minimum, comply with the following: i. The minimum size for a tract of land to be developed as a Planned Unit Development (PUD) shall be not less than five (5) contiguous acres and of such configuration as to be conducive to a Planned Unit Development. or ii. A Planned Unit Development application may be filed on a tract of land less than five (5) contiguous acres but no approval shall be given to such application unless Coos County determines, upon a showing by the applicant, that the minimum size required in paragraph "i" above should be waived if one or more of the following conditions exist: 1) Because of unusual physical features of the property or of the neighborhood in which it is located, a substantial deviation from the regulations otherwise applicable is necessary or appropriate in order to conserve a resource or amenity, such as aesthetic vegetation, etc. 2) The property or its neighborhood has historical character of economic importance to the community that could be protected by use of a Planned Unit Development. 3) The property is adjacent to property which has been officially approved, developed or redeveloped as a Planned Unit Development on the subject property can be effectively integrated with the existing PUD. 4) The property is determined to be an isolated problem area that has been bypassed in the course of development and for which a Planned Unit Development is determined to be the most feasible method of developing said area. b. Must comply with the requirements of Chapter VI for land divisions. c. Notice will be sent as required by Article 5.0. d. Final Plat is a ministerial review. 12. Recreational Planned Unit Development is only permitted in the UR-2 zoning. IV-10
a. The following criteria shall also be met prior to approval of an R-PUD: i. The area proposed as a Recreation PUD contains or is adjacent to a significant natural resource that has value for recreational purposes, such as an estuary, waterfall, lake, or dune formation. ii. That the location, design, and size are such that the development can be well integrated with its surroundings, and, in the case of a departure in character from surrounding land uses, that the location and design will reduce the impact of the development. iii. That the location, design, size, and land uses are such that traffic generated by the development can be accommodated safely and without congestion on existing or planned arterial or collector streets and will, in the case of commercial developments within the PUD, avoid as much as possible traversing local streets. iv. That the location, design, size, and land uses are such that the residents or establishments to be accommodated will be adequately served by existing facilities and services or by facilities and services which are planned for construction within a time period that is deemed reasonable. v. The proposed R-PUD is compatible with surrounding uses or may be made compatible to surrounding uses through the imposition of conditions. vi. Where the proposed R-PUD is located within an urban unincorporated area, the proposed development shall be consistent with the requirements of OAR 660-02-0030. [OR 04-09-010PL 1/19/05] b. Final Plat is a ministerial review. c. Must comply with the requirements of Chapter VI for land divisions. d. Notice will be sent as required by Article 5.0. SECTION 4.2.120 HEARINGS BODY CONDITIONAL DEVELOPMENT AND USE: The following uses and their accessory uses are permitted under a hearings body conditional use permit procedure subject to applicable development standards in the Urban Residential-1, Urban Residential -2 and Urban Residential-Multi-Family. All hearings body development and uses may be permitted if the proposed use must be found compatible with surrounding uses or may be made compatible through the imposition of conditions. Applicable additional criteria will be listed out under the individual proposed uses. 1. Mobile Home Park (new and modification of existing): a. Not permitted in the UR-1. b. In the UR-2 and UR-M this use may be permitted subject to compliance with: i. Notwithstanding any other Ordinance provision, manufactured dwelling parks shall be subject to requirements set-forth in Oregon Administrative Rule (OAR) 918-600-005 through 918-600-0095, ORS Chapter 466, and Rules and Regulations Governing the Construction and Statutory Operation of Travelers Accommodation and Tourist Parks, adopted by the Oregon State Board of Health. However the provisions of this ordinance shall prevail where said provisions are more stringent than those imposed by state law, rules or regulations. A manufactured dwelling park shall be located on a lot or parcel which meets the minimum required to accommodate the density of the zoning district. ii. A preliminary plan to be drawn as specified by OAR Division 600. The submitted plan shall include setbacks as required by the Oregon Manufactured Dwelling Standard In-Park Fire Separation Matrix (Table 903). IV-11
iii. Landscaping and Design 1. The landscape shall be such to minimize soil erosion and lessen the visual impact. Every mobile home park shall provide an ornamental, sightobscuring fence, wall, evergreen or other suitable screening/planning along all boundaries of the park site abutting public roads or property lines that are common to other owners of property, except for points of ingress and egress. All open areas or common areas shall be landscaped. Landscaping shall consist of lawns and/or ornamental plantings; 2. Any grade changes shall be in keeping with the general appearance of neighboring developed areas. 3. Special attention shall be given to proper site surface drainage so that removal of surface waters will not adversely affect neighboring properties, the public storm drainage system, or create environmental problems. 4. Exposed storage areas, service areas, utility buildings and structures and similar accessory areas and structures shall be subject to such setbacks, screen plantings or other screening methods as shall be reasonably required to prevent their being incompatible with the existing or contemplated environment and the surrounding properties. iv. Walls or fences shall be six feet in height except in the area of ingress and egress. This area shall be subject to Section 7.1.525. Evergreen planting shall not be less than five feet in height, and shall be maintained in a healthy living condition for the life of the mobile home park. All walls, fences and evergreen planting shall be approved by the Planning Commission. v. There shall be suitable landscaping provided within the all open areas. vi. A parking plan must be signed off by the Roadmaster. Regulation for parking can be found in Chapter VII. 2. Hotel/motel is only permitted in UR-M zoning pursuant to: a. New hotels and motels up to 35 units are allowed only if served by community sewer system. b. New hotels and motels are not allowed outside an urban unincorporated community. 3. Utility facility for the purpose of generating power. 4. High-Intensity Recreation which uses specially built facilities, or occurs in such density or form that it requires or results in a modification of the area or resource. Campgrounds, golf courses, public beaches, and marinas are examples of high-intensity recreation. 5. Golf course. 6. Fire Station. 7. School. 8. House of Worship. 9. Community center, grange or lodge hall are not allowed outside of an urban unincorporated community. 10. Medical rest home or convalescent home. 11. Personal use airport/heliport. 12. Aero club. 13. Bed & Breakfast: a. A bed and breakfast facilities shall be subject to the following conditions: i. All "bed and breakfast facilities" shall be established within the primary residence. ii. Breakfast shall be the only meal served to overnight paying guests. iii. No cooking facilities shall be permitted in any rented room. IV-12
iv. The maximum number of rooms, which may be rented shall not exceed four (4). v. Off-street parking shall be provided as follows: 1) Two spaces for the owner/occupant, plus 1 space for each additional bedroom. 2) A plot plan and a parking/traffic plan shall be submitted, to address the following: a) The property boundaries; b) Access to the property; c) Location of all structures on the subject property; d) Required parking spaces; e) The parking/traffic plan shall show required parking and traffic flow. All parking/traffic plans shall be reviewed by the Roadmaster to determine traffic safety. 3) One (1) non-illuminated sign shall be permitted not to exceed six (6) square feet of copy area (the words "hotel or motel" shall not be used). A "bed and breakfast facility" must be conducted in such a manner so as not to give an outward appearance or outwardly manifest any characteristic of a motel, hotel, or other business 14. Cottage Industry in the UR-2 zone. Cottage industries are defined as home occupations that are operated by a resident of the subject property, occupying a detached accessory building. Cottage industries should not employ more than five (5) full or part-time persons. Cottage industries must not interfere with existing uses on nearby land or with other uses permitted in the zone in which the property is located. Cottage industries shall not involve the retail sale of a product on the premises. On premise sign advertising cottage industries shall not exceed six (6) square feet of copy area. A home occupation shall comply with the following: a. Compatibility as explained in the opening statement; b. Coos County shall review a permit allowing a home occupation or cottage industry every 12 months following the date the zoning compliance letter was issued and may continue the use if it continues to comply with the definition of cottage industry and/or home occupation; c. A cottage industry approval shall vest exclusively with the owner of the land at the time of approval. The cottage industry shall not be conveyed or otherwise transferred to a subsequent landowner without a new conditional use permit; d. A plot plan and parking/traffic plan shall be submitted, to address the following: i. The property boundaries. ii. Access to the property. iii. Location of all structures on the subject property. iv. Required parking spaces. v. The parking/traffic plan shall show required parking and traffic flow. All parking/traffic plans shall be reviewed by the Roadmaster to determine traffic safety. e. The industrial use is located in building or buildings not to exceed the floor area standards set forth in OAR 660-022-0030(11). 15. Vacation rentals are subject to the following criteria: a. Must be found to be compatible with the surrounding area; b. Must be licensed by the Coos County Health Department in accordance with ORS 446.310-350; c. Approval shall vest exclusively with the owner of the land at the time of approval. The rental shall not be conveyed or otherwise transferred to a subsequent landowner without a new conditional use permit; and IV-13
d. Must meet parking access, driveway and parking standards as identified in Chapter VII. SECTION 4.2.130 DEVELOPMENT AND USE STANDARDS: 1. Development and use standards apply to all new development and creation of lots or parcels unless it meets the circumstances of 5.6.130. 2. Minimum Lot size: a. The following minimum lot sizes shall apply: i. Site having neither public water or public sewer one acre. ii. Sites having public water, but no public sewer 8000 square feet. iii. Sites having both public water and public sewer 5000 square feet, except a two family duplex which requires 8000 square feet. 3. Dwelling unit density shall not exceed one unit per minimum lot size, except each additional attached dwelling unit requires 1200 additional square feet above the minimum lot size. 4. Minimum road frontage/lot width unless waived by the Planning Director in consultation with the County Surveyor and County Roadmaster due to creating an unsafe or irregular configuration: a. Minimum Street Frontage: 50 feet b. Minimum Lot Width and Depth: 50 feet 5. Front Setback: 20 feet. 6. Side and Rear Set-Back: The side and rear setback shall be a minimum of 5 feet unless the side or rear yard is adjacent to a street or road (corner lot) the minimum setback shall be 15 feet from that street or road. 7. Setback exception Front yard setback requirements of this Ordinance shall not apply in any residential district where the average depth of existing front yards on developed lots within the same zoning district block, but no further than 250 feet from the exterior side lot lines of the lot and fronting on the same side of the street as such lot, is less than the minimum required front yard building setback. In such cases the front yard setback requirement on any such lot shall not be less than the average existing front yard building setback. 8. Maximum Building height is 35 feet. However, spires, towers, domes, steeples, flag poles, antennae, chimneys, solar collectors, smokestacks, ventilators or other similar objects may be erected above the prescribed height limitations, provided no usable floor space above the height limits is thereby added. Such over height object shall not be used for advertising of any kind. 9. Off-street access, parking and loading requirements per Chapter VII apply. 10. Riparian vegetation setback within 50 feet of a estuarine wetland, stream, lake or river, as identified on the Coastal Shoreland and Fish and Wildlife habitat inventory maps, shall be maintained except that: a. Trees certified as posing an erosion or safety hazard by the one or more of the following: Coos Soil and Water Conservation District, Coos County Road Department, Coos County Forestry Department, Oregon Department of State Forestry, Coos County Board of Commissioners, port district or Natural Resource Conservation Service US Soil Conservation Service posing an erosion or safety hazard may be removed to minimize said hazard; b. Riparian vegetation may be removed to provide direct access for a waterdependent use if it is a listed permitted within the zoning district; c. Riparian vegetation may be removed in order to allow establishment of authorized structural shoreline stabilization measures; IV-14
d. Riparian vegetation may be removed to facilitate stream or stream bank clearance projects under a port district, ODFW, BLM, Soil & Water Conservation District, or USFS stream enhancement plan; e. Riparian vegetation may be removed in order to site or properly maintain public utilities and road right-of-ways; f. Riparian vegetation may be removed in conjunction with existing agricultural operations (e.g., to site or maintain irrigation pumps, to limit encroaching brush, to allow harvesting farm crops customarily grown within riparian corridors, etc.) provided that such vegetation removal does not encroach further into the vegetation buffer except as needed to provide an access to the water to site or maintain irrigation pumps; or g. The 50 foot riparian vegetation setback shall not apply in any instance where an existing structure was lawfully established and an addition or alteration to said structure is to be sited not closer to the estuarine wetland, stream, lake, or river than the existing structure and said addition or alteration represents not more than 100% of the size of the existing structure s footprint. h. Riparian removal within the Coastal Shoreland Boundary will require a conditional use. See Special Development Considerations Coastal Shoreland Boundary. i. The 50 measurement shall be taken from the closest point of the ordinary high water mark to the structure using a right angle from the ordinary high water mark. RURAL RESIDENTIAL (RR) Purpose and Intent: There are two RR zonings. Rural Residential-5 (RR-5) and Rural Residential-2 (RR-2). The only difference is the density requirements found in the development and use standards. The purpose of the RR-2 district is to provide for small acreage dwelling sites outside of Urban Growth Boundaries, where a moderate intensity of land development is appropriate, but where urban services and facilities may not be available or necessary. The RR-2 district provides for continued existence of rural family life and to provide a transition of densities between urban development and exclusive agricultural and forestry uses. The purpose of the RR-5 district is to provide for acreage dwelling sites outside of Urban Growth Boundaries (UGB), where a moderate intensity of land development is appropriate, but where urban services and facilities may not be available. The RR-5 district provides for the orderly development of rural land so as to encourage the continued existence of rural family life and to provide a transition of densities between urban development and exclusive agricultural or forestry uses. SECTION 4.2.200 DEVELOPMENT AND USES PERMITTED: The following uses and their accessory uses are permitted outright in the RR zoning: 1. Agricultural uses (farm) and buildings pursuant to ORS 215.203. Agricultural building may only be permitted on property or tract has to be at least 5 acres and has to meet the definition under Section 2.1.200. 2. Commercial seasonal product sales in conjunction with farm or forest use. Seasonal product sales for a time period not to exceed forty-five (45) days, subject to renewal. 3. Passive Restoration. 4. Forestry, including propagation, management or harvesting of a forest product. 5. Exploration, but not extraction for geo-thermal energy, aggregate and other mineral or subsurface resource, subject to the following: IV-15
a. All drill holes shall be filled and capped according to the following standards, and bonds to secure performance of this obligation shall be required as follows: i. The applicant shall provide the Coos County Watermaster with the location of each hole by township, range, section and driller's identification number of all holes drilled. ii. A plot plan showing these locations will be furnished to the Watermaster. iii. The applicant shall seal all test holes from the bottom within 2 feet of land surface with cement, native clay, betonies mixture (e.g., "Sure-Gel", Aqua Gel") of 9 pounds to 9-1/2 pounds of betonies per gallon of water. iv. If artesian flows are encountered, the test hole will be: 1) Abandoned according to the following abandonment procedures: ABANDONMENT OF ARTESIAN EXPLORATION HOLES. The flow of artesian exploration holes to be abandoned shall be confined or restricted by cement grout applied under pressure, or by the use of a suitable well packer, or a wooden or cast lead plug placed at the bottom of the confining formation immediately above the artesian water-bearing zone. Cement grout or concrete shall be used to effectively fill the exploration hole to land surface. or 2) Developed for use of the artesian flow by a water well driller who is properly licensed and bonded by the State of Oregon. v. If unusual conditions occur at a test hole site and compliance to the above standards will not result in a satisfactorily abandoned hole, the driller shall request that special standards be prescribed by the Watermaster for the particular hole. vi. The applicant shall notify the County Watermaster prior to the abandonment of all test holes, drill holes, exploration holes, etc. As used in this section the term 'abandonment' shall mean the act of filling any hole with the required sealing material. vii. In addition to complying with the procedures outlined above, the applicant shall post a surety bond in the amount of five thousand ($5,000.00) dollars for each hole drilled or a bond for fifty thousand ($50,000.00) dollars to cover all test holes. The surety bond shall be filed with the Board of Commissioners, and may be written by a surety company duly licensed by and authorized to do business in the State of Oregon. The release of such bond shall be conditioned upon the successful capping of all holes according to the procedure described above. viii. Although it is recommended that the test hole be sealed prior to moving the drilling rig, in no case shall the drill hole be left open for more than five (5) days after the drilling rig is moved off the test hole without prior approval of the County's designated representative. b. The applicant shall be required to construct a catch basin around each drilling site to retain any possible run-off. c. Abandonment procedure: i. At the discretion of the County's appointed representative (usually, the district Watermaster), this representative may require that the exploration hole abandonment not begin until he is present at the site. ii. In the event that paragraph "i" above, is implemented, the County's appointed representative may, if he is unable to be present during abandonment, otherwise authorize abandonment. This authorization may be given verbally by telephone. IV-16